1. Humans v Computers – decision making in the context of student visas Carina Ford Managing Partner

2. Streamlined Visa Processing – 500 Student Visa
the introduction of a simplified, single immigration risk framework for all international students, replacing the existing Streamlined Visa Processing (SVP) arrangements and the Assessment Level framework
Streamlined evidentiary requirements v regular requirements by online tool
One subclass for all educational sectors
Team management framework as opposed to individual case officers handling an individual case
Front-end loading applications encouraged
Dependents can be included onshore or offshore to the student’s application and more flexibility for lodging onshore for students
More flexibility in financial requirements and English requirements

4. “Auto grant” An automated process by which an electronic visa application is checked against security and immigration risk business rules and, if the automated checks are satisfied, the visa is granted, often within minutes after lodgement. Electronic applications which do not satisfy automated checks are referred for manual assessment by a visa processing office.

5. Student Visa Grants – by way of comparison
Applicant Type
Visa Subclass
to 31 January 2017
Primary
Schools Sector
12659
16359
16963
14103
12498
10435
9515
9186
9956
12009
11923
7106
Non-Award Sector
17645
17533
20536
18799
17951
16986
16041
16895
19799
19125
20622
10240
Higher Education Sector
86982
102022
115410
118290
107185
100116
99421
112790
134139
132870
139864
89114
Independent ELICOS Sector
25461
28809
28562
33776
31982
26393
25478
26960
28548
30616
31926
20870
Postgraduate Research Sector
3739
3935
4320
5071
5512
5456
6039
6227
6365
6388
6053
3784
Foreign Affairs or Defence Sector
2849
2799
2615
2540
2699
2990
3744
4739
4655
4517
3787
3089
Vocational Education and Training Sector
27494
39812
59951
83694
58360
53533
53628
46102
48652
54266
59520
38751

6. New Student Visa Subclass and Matrix Model Benefits Easier to navigate for students The previous system was subject to frequent course- swapping & integrity issues The previous system burdened providers and distorted market Difficulties with operating both the Assessment level framework and the SVP processing arrangements concurrently Cost savings of automated processing & assessment capabilities Low risk applications should process quicker & strategic focus on high risk applications

7. F Move towards Automation Disadvantages Uncertainty – can still request financial requirements Lack of transparency regarding how factors are weighted in the matrix Education providers are provided access to information but agents/lawyers don’t have access to the matrix data Hybrid system – the legislative process remains complex Applicants treating the application as being easy and missing key issues ( 485 visas and AFP lodgement, EOI – skill assessments, addressing GTE or financial criteria) Changes to the ability to be able to cancel or refuse to revalidate Open to fraudulent applications by simply needing to enter data

8. Migration Amendment (Visa Revalidation & Other Measures Bill 2016) Initially intended for Longer Validity visitor visas (10 year visa for periods of stay up to 3 months for citizens of China) but proposed subsection 96B(1) states “holds a visa of a prescribed kind” Proposed subsection 96B(1) allows for a revalidation check to take place Visa holder must, within time specified, or if completes in specified period, must satisfy the Minister that: there is no adverse information or it is reasonable to disregard such information (see 96A(2)) Failure to meet the above will mean visa will cease to be in effect (see 96D for when this would occur)

9. Processing Teams v Individual Case Officers Benefits Global process of decision making – cost benefit Ability to be less dependent on case officers / officer flexibility & workload flexibility to counter workflow issues Greater transparency & avoids corruption/bribery Accessibility: more people are able to have a general understanding and therefore be able to respond to a matter Shared responsibility and consistency

10. Disadvantages No personalised service No one knows about your case specifically & difficult to determine whom to contact if a specific enquiry or to escalate a matter Can lead to greater processing times Waiting period between actioning responses because systemised Inconsistency in decision making and repeated requests No accountability and s can go unanswered Doubling up on work as it requires case officers to look at matters afresh

11. Humans – Teams rather than individual case officers Using Genuine Temporary Entrant (GTE) as an example Regulation requires consideration of whether the student is a GTE The Ministerial Direction No 53 requires consideration of the Applicant’s circumstances, immigration history, and any other relevant matter, which may include student’s situation in home country, academic record, links in Australia and if school sector, inappropriate study plans and use of fraudulent docs / statements The introduction of the GTE criteria has further complicated the decision making process and is a good example of the lack of consistency in decision making, blows out processing times and has led to a delay where offshore dependants are included on student visas (changed as of 1 July 2016)

12. Cancellation under s128 when outside Australia
What / when:
When grounds for cancellation as per s exist.
No notice provided to client prior to cancellation but can apply for revocation under s.131.
Massive increase in use

13. Cancellation Statistics
Students:
Offshore student visa cancellations in the Financial Year increased from 8,047 to 17,206 (113%).

14. Student Cancellation scenarios – where is it being used Travel offshore can be risky when a student is: Not enrolled in courses or not meeting course requirements; Moves to lower educational sector courses (note change to condition 8202 post 1 July 2016); No longer meet the criteria for the grant of a visa; Work rights breaches; Outstanding criminal charges or convictions; Changes in a material particular; Bogus documents